Reconsideration of Residencia Definitiva permit

What is the reconsideration of Residencia Definitiva permit?

When the Servicio Nacional de Migraciones (SERMIG) receives a solicitud de Residencia Definitiva (an application for Residencia Definitiva permit) from a foreigner, it may grant or reject the permit. For cases where the applied benefit has been rejected, the person will have the option of applying, only once, a reconsideration of the measure ordered, through the appeals established by law for such purposes, accompanying new documents to support his claim.

This appeal for reconsideration must be submitted within three days of its notification, or the person may resort to any of the appeals contemplated in Law No. 19.880, with the effects that the legislation establishes for each of these.

Where can I apply for the reconsideration of my residence application?

This application must be made through the SERMIG’s Portal de Trámites Digitales, logging in with ClaveÚnica, if the person is within the national territory.

* Link available only from within Chile.

Requirements

  1. You must submit it within the legal deadline stipulated for such purposes.
  2. Comply with the formal requirements to do so. It is noted that in the event that the appeal is filed by a third party, the applicant must certify sufficient power of attorney to support such petition.
  3. Attach documents and/or additional information to support your claim.
  4. Not have any impediment to apply for Residencia Definitiva permit (current expulsion, having previously submitted an application for reconsideración de rechazo (reconsideration of refusal) of Residencia Definitiva permit on the same resolution, prohibition of entry into the current country).

The appeal must contain the provisions of Article 30 of Law No. 19.880 of 2003, which establishes the Bases of the Administrative Procedures that govern the acts of the Public Administration Bodies in Chile:

  1. Name and surname of the interested person or, if applicable, of his representative, as well as the identification of the preferred means or the place indicated, for the purposes of notifications (email).
  2. Facts, reasons, and petitions in which the application consists.
  3. Place and date.
  4. Signature of the applicant or certification of the authenticity of his/her will expressed by any authorized means.
  5. Administrative body to which it is addressed.

Remember!

If you do not comply with any of these requirements, the appeal will be considered inadmissible.

It is also noted that in the event that the appeal is filed by a third party, this person must certify sufficient power of attorney to support such claim, under the sanction of being understood as not filed. On the contrary, in case of compliance, it will be subject to the respective analysis.

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Scheduling an appointment is available in all regional offices in Chile. Remember that you can only make one reservation at a time!

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ATENCIÓN

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